760 CMR, § 6.03
Definitions set out in 760 CMR 5.00: Eligibility and Selection Criteria shall apply in 760 CMR 6.00. The following definitions shall also apply:
Development. A housing project providing c. 200 family housing, c. 705 family housing or c. 667 elderly/disabled housing.
EOHLC. The Massachusetts Executive Office of Housing and Livable Communities.
Full-time student. A household member between 18 and 25 years of age, who is the dependent of another household member and who is enrolled in and attending an accredited educational or vocational institution and is carrying a course load that is considered full-time for day students under the standards and practices of the institution. Full-time student status shall remain in effect as long as the individual carries a full-time student course load in pursuit of a bachelor's degree, an associate's degree, or a diploma from an accredited educational institution or a certificate from an accredited vocational program (excluding apprenticeship programs). In no event shall full-time student status last longer than the length of time normally required for day students to complete the required course of study.
Grievance.
Grievant. Any Tenant or Program Participant who files a written Grievance with an LHA in accordance with the LHA's Grievance procedure. A Grievant shall also include any person about whom the LHA holds data (data subject) who pursues an appeal pursuant to 760 CMR 8.00: Privacy and Confidentiality.
Guest. A person present in a unit or common area of a Development at the invitation, expressed or implied, of a Tenant or a member of a Tenant Household.
Half-time Student. A Household Member between 18 and 26 years old, who is the dependent of another Household Member and who is enrolled in and attending an accredited educational or vocational institution and is carrying a course load that is considered at least half-time for students under the standards and practices of the institution. Half-time Student status shall remain in effect as long as the individual carries at least a Half-time Student course load in pursuit of a bachelor's degree, an associate's degree, or a diploma from an accredited educational institution or a certificate from an accredited vocational institution, but except as expressly permitted in the following sentence, Half-time Student status shall not last longer than twice the length of time normally required for full-time students to complete the required course of study. A normal course of study for Half-time Students can be up to eight years and may be extended for no longer than two years with verification from the educational or vocational institution of ongoing enrollment and credit attainment. If an institution does not have a formal half-time program, in order to qualify for Half-time Student status, a Household Member must be enrolled in a course load that is at least half the course load that would be required for a full-time student at the educational or vocational institution in the same field of study as the Household Member.
Hearing Officer. An impartial person who conducts hearings on Grievances (Grievance hearings) in accordance with an approved Grievance procedure and renders written decisions based on the material facts and applicable law.
Hearing Panel. A group of impartial persons who conduct hearings on Grievances (Grievance hearings) in accordance with an approved Grievance procedure and render written decisions based on the material facts and applicable law.
Household. One or more persons who have been determined by the LHA to be collectively eligible for state aided housing and who are listed on the current lease for an LHA unit executed by an LHA authorizing the person(s) to reside in the unit. Persons listed on an application to an LHA to be determined collectively eligible to reside in an LHA unit as a Household may also be referred to as a Household where the context so requires.
Household Member. A person who is a member of a Household which has been authorized by the LHA in a lease or lease addendum to reside in an LHA unit. The Tenant, as defined in 760 CMR 6.03, is a Household Member.
Local Tenant Organization (LTO). An association of Tenants and other Residents which has been officially recognized by an LHA to represent Tenants and other Residents residing in some or all of the LHA's state aided public housing units. An LTO may also represent a mix of Tenants and other Residents in state aided and federally subsidized public housing.
Notice of Termination. Notice from an LHA to a Tenant that the Tenant's lease is to be terminated. A Notice of Termination may include a notice to quit. A Notice of Termination or accompanying document shall advise the Tenant whether Tenant has a right to a Grievance hearing and, if so, the time for requesting a Grievance hearing. It shall advise Tenant of the right to be represented at a Grievance hearing and of the right to inspect relevant documents prior to the hearing. It shall advise Tenant that, if Tenant remains in the unit past the specified lease termination date, eviction would be pursued through court action in which Tenant would have a right to present in person or by a lawyer any legal defenses which Tenant might have. It shall specify the name and address of a local legal services agency (if any). It should advise the Tenant of the opportunity (if available) to request to meet with the LHA to discuss the reasons for termination and whether termination could be avoided.
Overhoused. A Tenant Household which the LHA has determined, based upon the composition of the Household, to be occupying a unit consisting of more bedrooms than is appropriate for the Household size pursuant to 760 CMR 5.03: Definitions unless such occupancy is authorized by law.
Personal Care Attendant (PCA). A person who resides with a Household Member with a disability and who:
Pursuant to 760 CMR 5.03: Family (Household)(b), if determined by the LHA to be qualified, a full-time, live-in PCA shall be deemed a Household Member for purposes of determining the appropriate unit size in public housing.
If a full-time, live in PCA's income is included in gross household income for purposes of rent determination while the PCA is serving as a PCA, then if the Household Member with a disability to whom the PCA was providing services ceases to occupy the unit, the PCA may receive permission for continued occupancy as a remaining member of the Family (Household) for purposes of 760 CMR 5.03: Family (Household)(b), provided all other criteria for remaining members of the Family (Household) contained in 760 CMR 5.03: Family (Household)(b) have been met. If a full-time, live-in PCA's income is not included in gross household income for purposes of rent determination while the PCA is serving as a PCA, then the PCA is eligible to be considered a remaining member of the Family (Household) if the Household Member with a disability to whom the PCA was providing services ceases to occupy the unit if, going forward, the individual's income will be included in gross household income for purposes of rent determination and all other criteria for remaining are met.
Pet. A domesticated animal of a species that is commonly kept as a Household Pet in the community. A cat, dog, gerbil, or hamster is an example of a domesticated animal which is commonly kept as a Household Pet. A monkey or snake is an example of an animal which is not commonly kept as a Household Pet in the community. A service animal which is specially trained to assist an individual with a disability in specific activities of daily living (for example, a dog guiding individuals with impaired vision or alerting individuals with impaired hearing) is not considered a Pet for which permission to keep is required when it is kept in a safe and sanitary manner by an individual with a disability to whom the animal gives necessary assistance in activities of daily living; a service animal shall be considered a Pet in computing the number of Pets kept. Caged birds, which are not unreasonably noisy, or fish in tanks are not considered Pets for which permission to keep is required.
Pet Committee. A local committee established in accordance with St. 1989, c. 151 in the manner prescribed in the Pet Guidelines.
Pet Grievance Panel. Two or more persons appointed by the LHA to resolve disputes arising in elderly/disabled state aided housing involving Pets in cases where the disputes have not been resolved by the Pet Committee; the procedure of dispute resolution shall be specified in the Pet Guidelines.
Pet Guidelines. Guidelines issued by EOHLC for Pet ownership in elderly/disabled state-aided public housing. These guidelines may be revised periodically by EOHLC after consultation with the Massachusetts Society for the Prevention of Cruelty to Animals and with the Massachusetts Chapter of the National Association of Housing and Redevelopment Officials.
Pet Rider. A part of the lease for a unit of elderly/disabled state aided housing giving approval to the Tenant for Pet ownership and setting out or incorporating the terms and conditions for Pet ownership.
Program Participant. A Voucher Holder, as defined in 760 CMR 49.00: Massachusetts Rental Voucher Program or 760 CMR 53.00: Alternative Housing Voucher Program, who has become a Participant, as therein defined, in the MRVP or AHVP.
Resident. A Tenant or another adult person authorized by an LHA in a lease or lease addendum to reside in a state aided or federally subsidized public housing unit operated by or on behalf of an LHA.
Resident Advisory Board. A group of Residents formed for the purpose of advising the LHA on its Annual Plan and any other matters of concern to all of its Residents, including a Resident Advisory Board established pursuant to federal regulations at 24 CFR 903.13.
Resident Association. Any organized group of LHA Tenants and other Residents that has not been officially recognized as an LTO by the LHA, does not have the rights and obligations of an LTO under this regulation, but may still serve a useful function in providing an opportunity for Residents to work together on matters that affect their interests.
Tenant. One or more persons, who is an adult or emancipated minor, who sign(s) a lease for an LHA unit and who is (are) responsible for payment of rent and satisfaction of lease provisions and responsible for the conduct of other Household Members and for the conduct of Guests.
Total Disability Veterans Compensation. Amounts received from the United States Government by unemployable disabled veterans on account of such disability which occurred in connection with military service. For the purpose of Total Disability Veterans Compensation, "veteran" means a person who is a veteran as defined in M.G.L. c. 4, § 7(43).
Umbrella Tenant Organization. A group of Tenants or other Residents consisting of representatives from two or more LTOs that have been authorized by the LTOs to assume some or all of the LTOs' rights and duties under 760 CMR 6.09.
Utilities. Any or all of the following: electricity and any other fuels for heat, hot water, and cooking.
760 CMR, § 6.03